3 ways social media ruins personal injury claims

On behalf of Michael O'Neil of The Skolnick Weiser Law Firm, LLC posted in Personal Injury on Friday, October 20, 2017.

Attorneys see personal injury claims all the time. They range from auto accidents to dog bites to even medical malpractice. Anyone who has suffered an injury, either at work or out in public, should fight for their rights.

There are several ways plaintiffs should conduct themselves throughout the trial, and one highly recommended course of action is to stay off social media. This includes Facebook, Twitter and Instagram. Social media can do more harm than good, and the last thing you want to do is jeopardize your potential claim.

1. Potentially incriminating evidence

The other party will use any evidence at its disposal to fight your claim, and social media is relatively easy to access. If you post a picture of yourself doing yard work following an accident, then the other party may use that photo as evidence your injuries are not as extreme as you claim. You may actually have a significant injury, but the court will consider this evidence.

2. Lack of emotional distress

When suing a negligent party after a personal injury, a person may seek compensation for emotional distress. Your social media may fill up with pictures of you smiling and joking around with friends. Similar to the above point, the defendant will use anything as evidence to show the injury did not have a significant impact on you. Most people only post happy things on Facebook and Instagram, but for the time being, it may be best to keep a tight lip.

3. Destruction of evidence

In the event you do post something detrimental on social media, the last thing you want to do is subsequently delete it. The court may view this as destruction of evidence, which does more harm than good. You may open yourself up to an entirely new lawsuit when the evidence itself was not that bad. Until the trial is over, it may be best to shut down all your social media channels.

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